25-U.S.C.-1916

§1916 – Return of Custody

Pathway

Title 25 > Chapter 21 > Subchapter I > Section 1916

Details

• Reference: Section 1916
• Legend: §1916 – Return of Custody
• USCode Year: 2013

Provision Content

(a) Petition; best interests of child

Notwithstanding State law to the contrary, whenever a final decree of adoption of an Indian child has been vacated or set aside or the adoptive parents voluntarily consent to the termination of their parental rights to the child, a biological parent or prior Indian custodian may petition for return of custody and the court shall grant such petition unless there is a showing, in a proceeding subject to the provisions of section 1912 of this title, that such return of custody is not in the best interests of the child.

(b) Removal from foster care home; placement procedure

Whenever an Indian child is removed from a foster care home or institution for the purpose of further foster care, preadoptive, or adoptive placement, such placement shall be in accordance with the provisions of this chapter, except in the case where an Indian child is being returned to the parent or Indian custodian from whose custody the child was originally removed.

(Pub. L. 95–608, title I, §106, Nov. 8, 1978, 92 Stat. 3073.)

U.S. Encyclopedia of Law Coverage

25-U.S.C.-1914 in the Legal Encyclopedia: Indians

In this entry about 25-U.S.C.-1914, find legal reference material, bibliographies and premiere content related to indians in the American Encyclopedia of Law, presenting a comprehensive view of the United States indians-specific issues, written by authorities in the field.

Title 25 – Indians in the Legal Encyclopedia: Indian Child Welfare

In this entry about Title 25 – Indians, find legal reference material, bibliographies and premiere content related to indian child welfare in the American Encyclopedia of Law, presenting a comprehensive view of the United States indian child welfare-specific issues, written by authorities in the field.

Part B – Assistance For Women, Children, and Families in the Legal Encyclopedia: Children

In this entry about Part B – Assistance For Women, Children, and Families, find legal reference material, bibliographies and premiere content related to children in the American Encyclopedia of Law, presenting a comprehensive view of the United States children-specific issues, written by authorities in the field.

Topic Map

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